1. This is an application for issuing a writ of ‘certiorari’ to quash the order of the District Munsiff of Kurnool setting aside the order of the Rent Controller, Kurnool. The petitioned is the owner of the house bearing Door No. 1/69, Bastian Road, Kurnool. The respondent, is the tenant of that house. He Sled R.C.P No. 118 of 1949 on the file of the Rent Controller, Kurnool, under S. 11(2) of Madras Act XXV (25) of 1949) praying for permission of the Rent Controller to effect repairs to the house and to deduct the costs thereof from the rent payable by him. The petitioner contended that he was not at all informed by the respondent about the repairs required for the building and that the latter had no power to make the repairs without complying with the provisions of S. 11(2) of the Act. The Rent Controller dismissed the petition on the ground that the respondent has not applied for permission before undertaking the repairs as required by S. 11(2) of the Act. The District Munsiff agreed with the Rent Controller that the respondent made repairs without taking the permission of the Rent Controller. Notwithstanding that fact, he allowed the petition to the extent of about Rs. 93 by invoking certain equitable doctrines. Learned Counsel for the petitioner contended that there is no scope for the application of equities in construing a Statutory provision and the respondent cannot ask for any relief contrary to the express provisions of S. 11. S. 11(2) reads as follows:
“If a landlord fails to make the necessary repairs to the building within a reasonable time after notice is given by the tenant, it shall be competent for the Controller to direct on application by the tenant that such repairs may be made by the tenant and that the cost thereof may be deducted from the rent which is payable by him.”
2. The section therefore lays down two conditions before a tenant can make the repairs to a building: (1) the landlord should have failed to make the necessary repairs after notice is given by the tenant and (2) the Court should have given permission to him to make the repairs after the landlord made default after such notice was served by the tenant. In the present case neither of the conditions were complied with. The respondent did not serve the requisite notice on the landlord asking him to make the necessary repairs nor did he make the repairs with the previous permission of the Rent Controller. S. 11 can only be invoked for the purpose of securing the requisite permission from the Rent Controller to make the necessary repairs.
3. It cannot obviously apply to a case where a tenant has made the repairs without taking the requisite permission and for getting an order from the Rent Controller for realising the amount so spent. The order of the Rent Controller is correct and that of the appellate authority is contrary to the express provisions of S. 11. The order of the District Munsiff is set aside and the respondent will pay the costs of the petitioner. Advocate's fee Rs. 50.
C.R.K/V.R.B
4. Order set aside.